Summary: We will not investigate Miss X’s complaint. This is because there is no sign of fault in the Council’s decision not to consider her complaint whilst there are ongoing court proceedings.

The complaint

1. The complainant, whom I shall call Miss X, complains about matters relating to the Council’s child protection involvement with her family. The case is subject to ongoing court proceedings.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. We do not start an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Miss X complained to the Council about matters relating to its child protection involvement with her family.
7. The Council told Miss X it would need to place her complaint on hold because it was about matters that should be addressed in the ongoing court proceedings. It told Miss X it would be able to consider her complaint once the court proceedings have concluded.
8. We will not investigate Miss X’s complaint. This is because there is no sign of fault in the Council’s decision not to consider her complaint whilst there are ongoing court proceedings. This is to prevent the court proceedings, which must take precedence over any complaint investigation, from being prejudiced by a concurrent complaint investigation. This approach is in line with statutory guidance to local authorities on the handling of children’s complaints which gives it discretion to decide whether or not to investigate where to do so could prejudice any ongoing proceedings.

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Final decision

9. We will not investigate Miss X’s complaint because there is no sign of fault in the Council’s decision not to consider the complaint until the court proceedings have concluded.

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Investigator's decision on behalf of the Ombudsman